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The Role of Extradition

Posted on in Criminal Defense

extradition, Elgin criminal defense attorneyIf you have an arrest warrant from another state or country and you are arrested in Illinois, you have the right to an extradition hearing before being sent off to face the charges in another location. For many people, extradition may seem like a technical formality. However, extradition is an important right.

What is Extradition?

Extradition is when the executive of a jurisdiction, usually the governor, demands a suspect or defendant to be returned to an originating jurisdiction to face justice. The person in question may have fled justice by violating bond or probation. Alternatively, they may have been charged with or wanted in connection with a felony or other serious crime. However, the state making the demand must comply with several legal requirements before Illinois has to honor the request.

The Extradition Process

The state demanding the return of a fugitive must present several legal documents. These include a showing that you were present in the state during the commission of the crime, with certain exceptions, and contain an affidavit of a state court judge and the state charging document, or, if you have already been convicted, a judge’s affidavit with a copy of the judgment of conviction and a statement that you escaped, fled bail, or violated probation or parole.

Why Fight Extradition?

While many people will waive their rights to an extradition hearing, there are several reasons to fight extradition. It is possible that you were arrested in a case of mistaken identity. If you are not the person the other state is demanding, you would fight extradition. If some of the legal requirements for extradition have not been completed, it may also be in your best interest to fight extradition.

Sometimes, fighting extradition may give you some insight into the strategy or evidence the prosecution plans on using against you in court. The process may also give you some extra time to gather needed financial resources or evidence for your defense.

A knowledgeable criminal defense lawyer may also want to test the legality of your arrest or challenge the underlying charges in the neighboring state. There are many technical and complicated procedural moves available to a criminal defendant facing extradition. You need to have a lawyer on your side to help you make the best choices for your case.

If you have been arrested or charged with a crime you need to speak with an experienced Elgin criminal defense lawyer. Call 847-488-0889 today to schedule a no-cost consultation with the The Law Office of Brian J. Mirandola, and put our knowledge and skill to work for you.

Sources:

http://ilga.gov/legislation/ILCS/ilcs3.asp?ActID=1994&ChapterID=54
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